TERMS: By registering to bid on the internet, you acknowledge that you have read & understand the terms and conditions for each auction and/or auction item, and you agree to abide by all terms and conditions for each auction and/or auction item.
PAYMENT: A 10% Buyer's Premium will apply to all purchases in this auction. Cash, Bank Wire, Certified Check, "good" Personal/Business Check (if known to Auction Company), Visa and MasterCard. Should you choose to pay with credit card, you will be charged an additional 5% handling fee. $2,500 maximum payment accepted on credit cards. Any other specific payment arrangements would have to be approved by Theurer Auction/Realty LLC PRIOR to bidding. Payment will be automatically made using the card with which the buyer registers.
AUCTION BID DEFAULT: If the winning bidder's credit card information is on file with Theurer Auction/Realty LLC, that card can be charged for the total purchase price plus one $30 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $30 late payment fee will be assessed for each day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times at the election of Theurer Auction/Realty LLC, there will be a $50 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $25 convenience fee for that arrangement. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. Theurer Auction/Realty, LLC, and/or the seller reserve the right to pursue all legal remedies.
INSPECTION: Contact Theurer Auction (620.326.7315) or Larry Theurer (620.399.3365) to inspect. Buyers understand they view property at their own risk and Theurer Auction/Realty, LLC, its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.
CONDITION OF PROPERTY: Any and all information regarding the condition of property is derived from sources believed to be true and accurate, but none is guaranteed by the Seller or Theurer Auction/Realty, LLC. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction.
DYNAMIC AUCTION CLOSING TIME: All online auctions of Theurer Auction/Realty have an auto-extend feature. Any bid placed on an item within 5 minutes of the auction ending will automatically extend the auction for 5 minutes on that item. FOR EXAMPLE: If an auction is scheduled to end at 6:00 pm and a bid is placed at 5:59 pm, the close time of the auction automatically extends to 6:05 pm. The auto-extend feature remains active on a per-item basis until no further bids are received within the 5 minute time frame.
BID RETRACTION: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, Theurer Auction/Realty, LLC, cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.
PICK-UP OF ITEMS: Pickup will be by appointment with the Seller. Instructions and contact information will be on the invoice that is emailed to successful bidders at the completion of the auction. Winning bidders must make payment in full or approved payment arrangements within 24 hours after the close of the auction if there is a problem with the registered card. Sellers cannot accept payment. Theurer Auction/Realty, LLC, and/or Sellers are in no way responsible for pick-up, delivery, or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidder's responsibility to remove property within the posted pickup times for this auction. In the event that a Seller or representative of Theurer Auction/Realty, LLC, agrees to assist in the load out of purchased lots, Buyers understand that neither the Seller, Theurer Auction/Realty, LLC, nor its representatives are responsible for any damage to the Buyer's property of any kind. If items are not timely removed as required above, a $10 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times, there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $25 convenience fee for that arrangement.
SHIPPING: IF BUYER MAKES ARRANGEMENTS WITHIN 24 HOURS OF AUCTION CLOSE, we will be glad to ship small items via USPS Priority Mail Flat Rate Padded Envelope ONLY at a cost of $5 per envelope plus the price of actual shipping including any insurance, which will be required on items totaling more than $50 in value. WARNING: If you do not contact us with your request for shipping within 24 hours of auction close, we will not ship, and you will forfeit your items without refund.
ITEMS NOT REMOVED DURING POSTED PICK-UP TIMES: If arrangements have not been made to remove items by the end of the last posted pickup day after the auction closing time, they will be considered abandoned property, even if paid, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. Items will be resold to recover removal costs. Further, the seller and Theurer Auction/Realty, LLC, reserves the right to resell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. Theurer Auction/Realty, LLC,. and/or the seller reserve the right to pursue all legal remedies.
PENALTIES: Purchases not picked in accordance with the removal terms will be forfeited and resold to cover storage fees with no credit given to the original buyer. Buyers' accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.
VEHICLE TITLES: Acceptable payments for titled vehicles are Cash, Bank Wire or Personal/Business Check (if known to auction company) [CREDIT CARDS ARE NOT ACCEPTED ON TITLED VEHICLES]. Buyers will need to contact the Office with information to complete the title (Name, Address, Lienholder). Titles will be mailed within 10 days or upon payment clearing the Bank. Theurer Auction/Realty, LLC, nor the Seller, will be responsible for any late fees accrued for a title transfer as the result of negligence or untimely submission of paperwork by a Buyer.
AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.
DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or Theurer Auction/Realty LLC. The Seller and their agents reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.
LEGAL COURSES OF ACTION: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & Theurer Auction/Realty LLC, its employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (1) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (2) buyer's use of Theurer Auction/Realty LLC website and (3) a dispute with another bidder.
Seller agrees to hold harmless the Auctioneers against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with District Court of Sumner County, Kansas. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Kansas.
WARNING! - EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.theurer.net. The credit card will be charged upon completion of the auction for any items won plus applicable buyer's premium. If, when charged, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes "Credit Card Fraud" under Federal and Kansas state law, and Theurer Auction/ Realty LLC, reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder's residence. In addition to any criminal charges, Theurer Auction/Realty, LLC reserves the right to seek civil restitution.
BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Theurer Auction/Realty, LLC. may reject the registration, and bidding activity will be terminated.
WITHDRAWAL OF ITEMS FROM THE AUCTION: Theurer Auction/Realty LLC and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale. Sale on all items is subject to seller approval. Auction company reserves the right to confirm the sale with the seller, and bid on behalf of the seller, if necessary. Items may have reserves that may or may not be noted.
Please call our office if you have any questions regarding this new policy. 620.326.7315
Bidding increments are as follows:
$0 - $200 = $5
$200 - $1,000 = $25
$1,000 - $10,000 = $100
$10,000 - $25,000 = $500
$25,000 - $500,000 = $1,000
$500,000 - $1,000,000 = $5,000
$1,000,000 and up = $10,000
If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed.
In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Theurer Auction/Realty LLC., MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Theurer Auction/Realty LLC, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary.
Theurer Auction/Realty LLC reserves the right to revise the Terms and Conditions.